The DSA Code of Ethics:

Protecting Independent Salespeople and Consumers

The Kirby Company is a proud member of the Direct Selling Association (“DSA”), a national trade association in the United States for companies that market direct to consumers through an independent sales force.  With a mission including “[t]o ensure that the marketing by member companies of products and the direct sales opportunity is conducted with the highest level of business ethics and service to consumers,” the DSA has promulgated a Code of Ethics setting forth the principals and practices to which member companies will adhere. 

The DSA Code of Ethics covers the required standards related to many areas common in the direct selling industry.  The following are of particular relevance to The Kirby Company and its independent distributors:

  • No Deceptive or Unlawful Consumer or Recruiting Practices
    • No member company or independent salesperson shall engage in any consumer or recruiting practice that is deceptive, false, unethical, or unlawful
    • Member companies and independent salespeople must comply with all legal requirements
    • Information provided to current or prospective salespeople regarding the opportunity, rights, and obligations shall be accurate and complete
  • Products, Services, and Promotional Materials
    • All offers of sale shall be accurate and truthful, and product claims must not be misleading and must be substantiated by competent and reliable evidence
    • All consumer orders must be timely fulfilled
    • Independent salespeople shall offer accurate information to consumers concerning price, credit terms, payment terms, cooling-off period, and after-sales service
    • Independent salespeople may only make a product claim if the claim is authorized by the member company
  • Identification
    • Salespeople must provide – at the beginning of the sales presentation – clear identification of themselves, their company, the nature of the product, and the reason for the solicitation
  • Earnings Representations
    • Earnings representations can be expressly or impliedly made in a number of ways, and caution must be taken to be sure they are truthful, accurate, and are not presented in a way that is false, deceptive, or misleading
    • Information must be provided to prospective salespeople so that they understand actual earnings can vary significantly
    • Sufficient information must be provided to current and prospective salespeople to enable them to evaluate the opportunity
    • Sales and earnings representations are to be documented and substantiated, and such documentation and substantiation should be maintained and made available to the Code Administration for the DSA upon request

In addition, as a member of the DSA, The Kirby Company is required to promptly investigate any consumer complaint that an independent salesperson has engaged in improper conduct, and The Kirby Company must take appropriate and necessary steps to redress any wrongs.  The DSA also has its own complaint filing process (www.dsa.org/consumerprotection/filing-a-code-complaint).  

We encourage you to review the entire DSA Code of Ethics at https://www.dsa.org/consumerprotection/code-of-ethics to ensure that your business meets the level of service of ethics contained within the code. If you have any questions, please do not hesitate to contact The Kirby Company’s DSA Code Responsibility Officer, Halle Sminchak (hsminchak@kirby.com).